N.J. Admin. Code § 10:84-1.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:84-1.3 - Corrective action plans

(a) The Department shall afford a county welfare administrative agency reasonable opportunity to correct identified deficiencies before assuming administration for violations as set forth in 10:84-1.2.

(b) The corrective action or resolution procedure will be comprised of a multi-step process to include, but which is not limited to:

1. Identification of Departmental findings of deficiencies and notification to the county agency of the need to take corrective action;

2. Convening of one or more conferences of Departmental and county agency personnel to identify possible causes of the deficiencies in CWA operations and negotiation of appropriate corrective actions;

3. Development, submittal and implementation of an approved corrective action plan by the CWA to improve CWA operations, within the time periods specified by the Department, to correct the identified deficiencies;

4. Upon implementation of the corrective action plan, monitoring of CWA operations by the Department to verify that planned corrective actions are taking place as stipulated; and

5. Reassessment by Department staff of the CWA's operations at the end of the designated period.

i. CWAs that have effected the corrective actions required for the identified deficiency shall be so notified and shall be regarded as having met the corrective action requirement for that deficiency which has been satisfactorily resolved.

ii. CWAs which have failed to effect required corrective action within the specified time frame or failed to show a good faith effort toward corrective action shall be subject to the following:

(1) The Department shall provide written notification of its findings and convene a meeting with representatives of the CWA, county welfare board or other appropriate CWA governing body, and the county governing authority to discuss any unresolved deficiencies.

(2) When it is determined that, after meeting with representatives of the CWA, county welfare board or other appropriate CWA governing body, and the county governing authority, barriers for improvement remain and cannot be resolved, the Department shall advise, in writing, all parties involved of its intent to assume direct administration of county operations in accordance with 10:84-1.4. That written notification shall include:

(A) The basis for the assumption action;

(B) The date the assumption will commence;

(C) A statement advising the county that it shall be responsible for the payment of reasonable expenses incurred by the Department to make administrative and/or programmatic changes necessary to ensure that the CWA's operations are provided in an effective and efficient manner and comply with State and Federal law and regulations; and

(D) A statement concerning county appeal rights advising the CWA of its right to request a State fair hearing in writing, which must be postmarked within 10 days of the mailing date of the notice of assumption (see 10:84-1.5 concerning State fair hearings).

N.J. Admin. Code § 10:84-1.3

Amended by R.2003 d.301, effective 8/4/2003.
See: 35 New Jersey Register 1358(a), 35 New Jersey Register 3582(a).
In (b)5i, substituted "be regarded as having met" for "no longer be subject to" preceding "the corrective action requirement".